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Housing Law - LAWS3413
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1001 and LAWS1011 and Corequisite: LAWS2311; Prerequisite: JURD7101 and JURD7111 and Corequisite: JURD7211
 
 
Excluded: JURD7413
 
 
CSS Contribution Charge:Band 3 (more info)
 
   
 
Further Information: See Class Timetable
 
  

Description

This course examines how the principles of property law come to be applied and modified in the context of residential tenancies. The course will be of no less relevance to those advising landlords than to those advising tenants. The course examines primarily the Residential Tenancies Act 1987 (NSW), as well as the Strata Schemes legislation. It is the only undergraduate course to examine this latter body of legislation, which is becoming increasingly important in legal practice. There will be an in-depth examination of the phenomenon of alternative dispute resolution, focusing on the Consumer, Trader and Tenancy Tribunal. Students will be required to attend the Tribunal, and write a brief report about the matters they have witnessed. Finally, the course will examine broader policy questions concerning the built environment, homelessness and housing affordability.


Recommended Prior Knowledge

There is no assumed prior knowledge for this course.

Course Objectives

  • To understand the legislative framework of residential tenancies
  • To examine how this legal regime fits into traditional property law
  • To solve practical problems and housing disputes
  • To look at the public law governing housing provision and housing affordability
  • To map the framework of social housing provision
  • To analyse contemporary housing policy, and reform of the law

Main Topics

  • The evolution of modern residential tenancy law
  • The basic responsibilities imposed by the Residential Tenancies Act 1987 (NSW)
  • Dispute resolution
  • Rental bonds
  • Strata Schemes Legislation
  • Termination of tenancies
  • Housing policy
  • Commonwealth-state housing agreements
  • International instruments and housing provision
  • Social housing

Assessment

Research assignment - 40%
Problem question - 40%
Class participation - 20%
Compulsory tribunal report

Course Texts

Prescribed
Anforth and Thawley, Residential Tenancies Law in NSW 2nd ed.

Recommended
Supplementary materials will be produced by the convenor.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.